This is a courtesy translation. The legally binding version of this document is the Spanish one. In the event of any discrepancy between this English text and the Spanish original, the Spanish version prevails. Read the Spanish version.
1. IDENTIFICATION AND DEFINITIONS
1.1. Service operator / Company
The Service is operated by:
Digital Monkey S.L.
Tax ID (CIF/NIF): B19957083
Website: https://loyalita.es
Contact email: hola@loyalita.es
In these Terms we refer to Digital Monkey S.L. as the “Company” or the “Operator”.
1.2. Business
A restaurant, café or other establishment that has entered into a contract with the Company and uses the Service to launch and manage its own loyalty Programme.
1.3. User
A natural person who registers on the Service and takes part in one or more Business Programmes.
1.4. Programme
A specific loyalty programme of a Business (stamps, points, discounts, tiers, gifts or other benefits) managed through the Service.
1.5. Rewards
Stamps, points, vouchers, discounts, status tiers, gifts and other benefits offered within the Programmes.
2. PURPOSE OF THESE TERMS
2.1. These Terms govern:
a) The User's registration and use of the Service.
b) The User's participation in Business Programmes through the Service.
c) The allocation of responsibilities between the Company and the Businesses.
2.2. The Company makes the Service available to the User, and provides the Business with a technical platform to manage its Programme.
2.3. The specific terms of each Programme (number of stamps required, discount percentage, rules for accruing and redeeming points, validity of Rewards, etc.) are set exclusively by the relevant Business, within the options offered by the Service.
2.4. The Company does not determine the specific content of these commercial terms and is not a party to the sales contract between the User and the Business (food, drinks, services, discounts, gifts, etc.).
3. REGISTRATION AND ACCEPTANCE OF THE TERMS
3.1. To use the Service, the User must:
a) Complete the registration form with the data required in the Service interface.
b) Confirm that they are at least 18 years old (or the minimum age required by applicable law).
c) Tick the box “I accept the Terms and Conditions and the Privacy Policy” (or equivalent wording).
d) Confirm their contact details when the Service requests it (for example, by SMS code or a link sent by email).
3.2. By accepting the Terms, the User enters into a contract with the Company for the use of the Service.
3.3. To join specific Business Programmes, summary terms of the relevant Programme may be displayed. Joining the Programme (for example, by pressing “Join”, “Start collecting stamps”, etc.) means that the User accepts the terms of that Programme as set by the Business.
3.4. The User undertakes to provide truthful and up-to-date data and will be responsible for any inaccurate or outdated information.
3.5. Each natural person may hold only one User account. The Company may block or merge duplicate accounts.
4. ROLES OF THE COMPANY AND THE BUSINESSES
4.1. Role of the Company
The Company:
a) Ensures the technical operation of the Service.
b) Maintains the record of Rewards in accordance with the data provided by the Businesses and the User's actions
within the Service.
c) Hosts and manages the User's data on its own systems or on those of its service providers.
4.2. Role of the Businesses
Each Business:
a) Independently sets the terms of its Programme (type of Rewards, rules for accrual and redemption, restrictions,
validity, etc.).
b) Is responsible towards the User for delivering the benefits promised in its Programme (discounts, gifts,
promotions, etc.).
c) May access the data of Users who have joined its Programme, to the extent necessary to manage that Programme and in
accordance with data protection law.
4.3. Exclusion of the Company's liability for the conduct of the Businesses
The Company will not be liable for:
a) The quality of the products and services offered by the Businesses.
b) The Businesses' compliance with the terms of their Programmes.
c) Any complaint relating to customer service, the quality of food or drink, prices, the menu, opening hours, or other
matters specific to the Business.
Any such complaint must be addressed directly to the relevant Business. The Company may, where appropriate, help pass
on information, but will not be responsible for the outcome of the complaint.
5. REWARDS: ACCRUAL, USE AND LIMITATIONS
5.1. Nature of the Rewards
Rewards:
a) Are not electronic money.
b) Are not currency or legal tender.
c) Do not constitute a bank deposit or a financial product.
Unless the Programme terms expressly state otherwise, Rewards cannot be exchanged for cash or bank transfers.
5.2. Accrual of Rewards
a) Rewards accrue when the User carries out the actions set out in the terms of the relevant Programme (for example,
minimum spend, number of visits, participation in promotions, etc.).
b) The accrual rules (amounts, multipliers, minimum conditions, exclusions) are set by the Business and are displayed
in the Service.
5.3. Use and redemption of Rewards
a) To use or redeem Rewards, the User must identify themselves through the Service (for example, by QR code, phone
number or another available method).
b) Rewards may only be used within the Programme of the relevant Business and at participating locations.
c) Rewards may be tied to particular products/services, time slots, days of the week or other restrictions set by the
Business.
5.4. Validity of Rewards
a) Where the validity of Rewards is limited, it is determined by the Business and stated in the Service (or in the
Programme description).
b) Once the validity period has elapsed, Rewards expire and are cancelled with no right to compensation.
5.5. Loss of Rewards
The Company will not be obliged to restore Rewards lost as a result of:
a) The User's breach of these Terms or of the Programme terms.
b) Fraud or attempted fraud.
c) Third-party access to the User's account for reasons attributable to the User (for example, disclosure of
credentials, use of weak passwords, failure to protect the device).
6. USE OF THE SERVICE AND RESTRICTIONS
6.1. User obligations
The User undertakes:
a) Not to give their access credentials to third parties.
b) Not to use the Service for unlawful purposes.
c) Not to attempt to interfere technically with the operation of the Service (for example, attacks, reverse
engineering, tampering with the code).
d) Not to falsify data relating to transactions, receipts, visits, stamps or Rewards, nor to use forged or
manipulated documents or screenshots.
6.2. The Company's powers
The Company may:
a) Temporarily restrict access to the Service for technical or security reasons.
b) Unilaterally modify Service features, interface design or the structure of the Programmes, without affecting
obligations already assumed by the Businesses towards Users.
6.3. Consequences of misuse
If the User breaches these Terms, the Company may:
a) Temporarily suspend the User's account.
b) Permanently block the account and cancel access to the Service.
c) Cancel Rewards obtained fraudulently or in breach of the Terms or of the Programme terms.
7. COMMUNICATIONS AND NOTIFICATIONS
7.1. Service communications (mandatory)
7.1.1. The Company may send the User communications necessary for the operation of the Service and the Programmes,
including:
a) Messages about registration and account changes.
b) Technical communications (password reset, verification of contact details, etc.).
c) Notices about the accrual, use or expiry of Rewards, as well as material changes to the Programmes.
d) Legal communications (changes to these Terms, to the Privacy Policy, etc.).
7.1.2. The User cannot unsubscribe from these communications while their account remains active, as they are indispensable for the provision of the Service.
7.2. Commercial communications (email, SMS, push)
7.2.1. At registration and/or through the account settings, the User may give specific consent to receive commercial and informational communications (email, SMS, push notifications) about the Service and/or about Business Programmes and promotions, by ticking the relevant box, which will not be pre-ticked.
7.2.2. If such consent is given, the Company and/or the relevant Businesses may send the User:
a) Information about special offers, promotions and news relating to the Service and the Programmes.
b) Personalised offers, within the limits set by applicable law.
7.2.3. The User may withdraw consent to these commercial communications at any time:
a) Through the account settings (where available).
b) Through the unsubscribe link included in every email.
c) By contacting the Company using the details set out in the Privacy Policy.
7.2.4. Withdrawing consent does not affect the lawfulness of processing based on consent given beforehand and does not prevent the receipt of communications strictly necessary for the provision of the Service.
7.3. System notifications (Apple Wallet / Google Wallet)
7.3.1. When the User adds a loyalty card or another “pass” relating to a Programme to Apple Wallet or Google Wallet, the device's operating system may automatically display system notifications (for example, when near the relevant Business or at the moment the pass can be used).
7.3.2. These notifications:
a) Are generated and displayed by the device's own operating system (iOS, Android/Google).
b) Are not individualised commercial communications sent by the Company or by the Business.
c) Can be managed by the User through the device settings or the Wallet application.
7.3.3. The Company does not control the appearance of these system notifications and is not responsible for their content or presentation. The User must configure or disable such notifications, where appropriate, through their device settings.
8. PERSONAL DATA AND PRIVACY
8.1. The processing of the User's personal data is governed by the loyalita Privacy Policy, available on the website https://loyalita.es and/or within the Service itself.
8.2. By accepting these Terms and registering on the Service, the User declares that they have read and understood the Privacy Policy and the way in which their personal data are processed, as well as the rights granted to them by applicable law.
9. LIMITATION OF THE COMPANY'S LIABILITY
9.1. The Service is provided “as is”. The Company does not guarantee the complete absence of errors, interruptions or technical incidents, nor that the Service will meet all of the User's individual expectations.
9.2. To the extent permitted by applicable law, the Company will not be liable for:
a) Acts or omissions of the Businesses, including any change to the terms of their Programmes, refusal to apply
discounts or hand over gifts, or the quality of products and services.
b) Any damage arising from the User's use of the products and services of the Businesses.
c) Failures of communications networks, internet access providers, mobile operators or other third parties.
d) Indirect, incidental, special or punitive damages, or loss of profit, except where such liability cannot be limited
under mandatory law.
9.3. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law (for example, liability for wilful misconduct, gross negligence, or harm to life or physical integrity).
10. DURATION, SUSPENSION AND TERMINATION
10.1. These Terms apply from the moment the User accepts them and remain in force for as long as the User keeps an active account or uses the Service.
10.2. The User may stop using the Service at any time and request deletion of their account by following the instructions available in the Service or by contacting the Company as set out in the Privacy Policy.
10.3. The Company may cease to provide the Service in whole or in part, giving Users reasonable prior notice, except where the law requires a different notice period.
10.4. If the Service is discontinued, Rewards may be cancelled, unless applicable law or specific commitments made by the Businesses provide otherwise.
11. GOVERNING LAW AND JURISDICTION
11.1. These Terms are governed by the laws of Spain and, where applicable, by European Union law on consumer protection and data protection.
11.2. Any dispute relating to these Terms will be submitted to the competent courts in accordance with the applicable rules on the protection of consumers and users and, in particular, having regard to the User's domicile where they act as a consumer.
12. AMENDMENTS TO THE TERMS
12.1. The Company may amend these Terms where necessary (for example, due to technical, legal or organisational changes). The current version will always be available in the Service, stating the date of the last update.
12.2. Where the changes are substantial, the Company will inform the User (for example, through a notice in the
Service or by email). Continued use of the Service after the new Terms take effect will constitute acceptance of them.
If you do not agree with the changes, you must stop using the Service and, where appropriate, request deletion of your
account.
Related documents: Privacy Policy · Terms and Conditions · Cookie Policy · Legal Notice